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Vaping Advocate | 1
from the
editor D
oes The Vape Industry Need Its Own Version Of Donald Trump To Save Itself?
It strikes me as I put together this issue that in many ways the future of vaping is brighter than it has been in years. While we may never return to the bright eyed wild west of just a few years ago, there is a path to success that has at least been cracked open for the industry by recent events that are detailed in this issue. While there are certainly pitfalls (also detailed in this issue), and the road will not be easy it is now more important than ever that we unify as an industry. Social media is filled with brands sniping at each other over real or imagined slights against the greater good. Advocacy groups continue to be pitted against one another over real or imagined failures. The result is that our industries money, time and resources are being splintered in too many directions to the point of ineffectiveness. Does the Vape industry need its own version of Donald Trump? Love him or hate him, Trump was successful at uniting a group of activists who were tired of business as usual. He rallied an underlying anger towards the system and those who were running it. He united these groups into a coalition that managed to do something others thought impossible. Can we find our own person to rally around? Are we as a community capable of uniting under one person or even one group that can help us guide us towards the self-regulation that our industry needs in order to navigate the narrow path to acceptance that is now open to us?
TABLE OF
CONTENTS 03 06 07 08 10 14 17 24 27
Florida State of the Union The Day Vaping Didn’t Die VTA Response to FDA Announcement on Altering Policies to Embrace Science-Based Regulation Advocates Speak Out on FDA What Wasn’t Said by the FDA The Face of Vape Talking Strategy with Mark Block of the EVCA Funding the Future Monsters Under the Bed
Might be time to find out.
Gabriel Benson
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www.thevapingadvocate.com The Vaping Advocate is published 5 times a year by The Vaping Advocate LLC. For questions about advertising or subscriptions please contact us at 214-738-8217 or at info@thevapingadvocate.com.
Florida State of the Union W
hile the Florida Smoke Free Association lost some momentum in 2016, 2017 has shown to be a time of regrowth, change in leadership and focus on the industry. FSFA is looking forward to being on the front lines and taking a proactive approach to legislation by cultivating relationships with key legislators who have influence within their prospective parties, FSFA has been in existence since 2013 and has defeated ALL legislation that would have negatively impacted the rights of ALL business and consumers in the state. With that said, the lack of interest in keeping memberships current and new members joining, has put a severe dent in budgeting. Currently, our lobbyist is in arrears with payments. What we have to our advantage is, Capitol Access is on our side and believes in our cause. We must gain support at a steady pace to keep on track with lobbying efforts. The FDA extension only provides for a false sense of security. The State in fear of the FDA delay, could enact something that could
devastate the industry in our state. Florida is one of the only state advocacy group with a 100% success rate. FSFA has memberships as low as $100 monthly for instate businesses and $50.00 monthly for out of state businesses. There are over 600 active vape shops in the state. There are less than 30 active members with the FSFA. Are you one of them? Join with us to keep Florida alive and well in the vape industry and pushing forward to reach those who need us most. Delores Orlando, FSFA Membership Coordinator
GET INVOLVED. MAKE YOUR VOICE HEARD.
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m a e One T t h g i F One Relationship Matter. Shops are the backbone of the industry and we are doing our part and will be there for you.
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t p m e t t a h t s r o v a Fl s e s n e your s
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VAPOR TECHNOLOGY ASSOCIATION
By Patrick Riffe (Nacht Noir)
T
oday Dr. Scott Gottlieb announced some very important news that could make significant changes to the vaping industry. His announcement did not sweep away the FDA Deeming rule, nor did it change the predicate date. His announcement did not save the vaping industry in one fell swoop.
complete applications informed by additional guidance from the agency.”
This announcement delays the deadline for completion of required PMTAs. He announced plans to force limits on the levels of nicotine in combustible cigarettes, to promote use of reduced harm products like vapor products and develop standards for eliquid and hardware safety.
Time to take responsibility for it’s actions. Time to learn from the past and become better.
“This action will afford the agency time to explore clear and meaningful measures to make tobacco products less toxic, appealing and addictive. For example, the FDA intends to develop product standards to protect against known public health risks such as electronic nicotine delivery systems (ENDS) battery issues and concerns about children’s exposure to liquid nicotine. It also will provide manufacturers additional time to develop higher quality, more 6 | Vaping Advocate
It gives us time to grow up. Gottlieb did not save vaping. He gave the vaping industry time to save itself.
Gottlieb’s statement heralds the importance of tobacco harm reduction and the value vapor products have in destroying combustible tobacco’s death grip on the lives of smokers. Victory has not been handed to us, but we’ve been shown that we can win if we want it enough and are willing to do what we have to. Keep an eye open there will be more to come.
VAPOR TECHNOLOGY ASSOCIATION
VTA RESPONSE TO FDA ANNOUNCEMENT ON ALTERING POLICIES TO EMBRACE SCIENCE-BASED REGULATION
W
ASHINGTON, DC – Today, FDA Commissioner Scott Gottlieb and Center for Tobacco Products Director Mitch Zeller announced that FDA is implementing regulatory changes to “ensure that the FDA has the proper scientific and regulatory foundation to efficiently and effectively implement” the Tobacco Control Act and, in doing so, granted a four-year extension of the deadline for Premarket Tobacco Applications for Electronic Nicotine Delivery Systems (ENDS) products until August 8, 2022. Following is a statement by Tony Abboud, VTA’s Executive Director. “This decision is a victory for science-based regulation and for public health. By recognizing that U.S. policies need to evolve to the current state of science which demonstrates that ENDS products are at least 95% safer than combustible cigarettes, FDA is taking a big step forward in protecting public health by acknowledging for the first time that ENDS are a harm reduction product and need to be regulated as such. By delaying the deadline for compliance for Electronic Nicotine Delivery Systems, FDA has also recognized that the current regulations have halted the kind of technological innovation that is key to ending this country’s reliance on combustible cigarettes, and that we need to implement clear and meaningful regulations that strike the right balance between consumer protection and fostering innovation. “Much like in the United Kingdom, our government needs to embrace and promote the promise of vapor products which, according to the most recent research, are very effective tools in helping addicted smokers quit. For example, just this week, yet another U.S. NIH-funded study conducted by University of California researchers concluded that ENDS products play a large role in
helping addicted smokers quit smoking cigarettes. (Read here: http://www.bmj.com/content/358/bmj. j3262) “Since May 2016 when the Deeming Regulation was published, VTA has been pushing for a rational Tony Abboud For VTA set of regulations on ENDS products that would be based on science, rather than fear. In addition, we have been advocating for a pause in the current regulations to allow for a more thoughtful, science-based regulatory policy to take root. Today’s decision by FDA is the right thing for the country and in the best interest of public health, and we commend Commissioner Gottlieb and his staff for putting politics aside and implementing fact-based policies that are in the best interest of the country. “VTA is prepared to work closely with FDA and other stakeholders to ensure that we develop a set of regulations that protect consumers, promote public health and protect the small and midsized businesses that are the backbone of the vapor industry.” To learn more about the Vapor Technology Association (VTA), visit www.vaportechnology.org or click here to follow us on Facebook and Twitter. The Vapor Technology Association represents the manufacturers, wholesalers, small business owners and entrepreneurs who have developed innovative and quality vapor products, providing adult consumers with a better alternative to traditional combustible products. VTA and its members are leaders in the vapor community, promoting small businesses and job growth, responsible public policies and regulations, and strong industry standards.
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VAPOR TECHNOLOGY ASSOCIATION
SPEAK OUT ON There is no greater power than the power of positive thinking, prayer and team work. Martin Lither king never led from the perspective of, “change will never come” he Led with the fortitude and voracity of a fighter and empowered others to fight. We win by the grace of hard work, forward thinking and by the grace of God. We have been given a wonderful gift. Don’t squander it. Support those who support you, instead of tearing them down, fight along side those who choose to fight with respect, humility and intelligence and don’t fall asleep on the job. This is not over, but yet a simple calm before the storm. Use this time to strategize and reassemble, to support bills that make sense for a future pathway for vapor technology and possibly change what you have been doing to promote your business positively. We are milking history. Make sure we are making history as opposed to being history. Your voice matter... every penny matters... make it amazing, people. You’re writing the book. By Schell Hammel, Owner The Vapor Bar On July 28, 2017, Dr. Gottlieb in this public address set a new path for the FDA. This extension of the PMTA means incredible things for the vaping industry, if we use it wisely. There are still many details that need to be worked out. Now is the time for the entire industry to take a very strong look at the direction we are going and 8 | Vaping Advocate
for us to seize this opportunity to step forward and look for chances to help the FDA meet its new mandate. The full recognition of the of the continuum of nicotine delivery risk and the part the vaping plays in that continuum has been the goal of every advocate. Truthfully welcome to a brave new world. By Joe Barnett, The Vaping Militia As I cheer the change of heart by the FDA, I do so with cautious optimism. Like most people who are in the know and try to keep up with the drama, the issues, controversy, and fighting going on surrounding the Vaping issue including the overreaching by the Federal Govt I applaud the narrative that the opponents will have to engage in including all the science as they try to knock Vaping into oblivion for all the wrong reassigns. Unfortunately this will step up the attacks, lies, misinformation, myths and propaganda by Vaping opponents and haters as this issue certainly has become a fiscal feeding trough for the Body Parts People, like Cancer, heart, lung and Campaign for Tobacco Free Kida and their ilk and not to forget Big Pharma. There is just too much money at risk by the previous mentioned bottom feeders that will take this lying down without a fight of epic proportions. Thx. David. Goerlitz, former Winston Man.
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By Chris Hughes
I
f you are reading this article, certainly you’re aware of new FDA Commissioner Scott Gottlieb’s announcement regarding a new direction at FDA for tobacco policy. Many people seem to believe this announcement is the harbinger of victory for the ecig industry. There’s lots of talk of vape shop owners renewing leases, winning, and other indications of general celebration. But what was really in the announcement? What was missing? Could this new direction mean renewed legislative threats at the state and local level? Clearly the single biggest ticket item in the presentation was a push back of the deadline on filing Pre Market Tobacco Applications (PMTAs) by 4 years. That is certainly great news, as it’s highly doubtful that anyone in the non-cigarette company-owned side of the business has the available resources to enter that pathway (no matter what they may say or imply). There was also an indication that the entire current PMTA process will be reevaluated and likely streamlined. That is also potentially promising. Before you run out and renew that lease, though, it’s important for small business owners to know what still remains unchanged. What has remained unchanged is every deadline other than the final submission date of the PMTA. Aside from the well-known ban on new products entering the market after 8/8/2016 without prior submission of a PMTA, there are substantial and varied ingredient, health, and Harmful or Potentially Harmful Chemical (HPHC) filings that still remain unaffected. The kind of thing that a business of any size really should secure a regulatory attorney to help them navigate.
And of course, any type of health claim (no matter how supportable or honest) is still prohibited. I was also troubled by some things in the presentation, most particularly talk of possibly regulating “kid-appealing flavors”. Isn’t virtually every Chris Hughes flavor potentially “kid-appealing”? FDA Commissioner Gottlieb clearly stated in his presentation that we should be watching for an Advanced Notice of Proposed Rule-Making on this topic soon. Something else to expect as a result of this announcement is a ratcheting up of pressure at the state and local level. It’s clear that groups like the American Cancer Society, the Campaign for Tobacco Free Kids, and other traditional ecig opponents are not happy with the PMTA delay. Count on them to take the situation into their own hands, and push large amounts of state and local taxes and regulations nationwide. “They weren’t looking for a fight, they were looking to fit in” goes the line from the great novel The Outsiders. Smokers are the ultimate “outsiders”, and always have been. The ecig industry is almost entirely comprised of smokers and former smokers. Both consumers and business owners. Will these outsiders be able to best the townies at their own game? It remains to be seen, but I’m sure pulling for them. I strongly urge the ecig industry to always remain suspicious of the motives of regulators, and always remain vigilant for blowback.
Chris Hughes is the Former Owner Fat Cat Vapor Shop and Former President PA SFATA
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FaceOfVapeDistro.com
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Talks Hosting World Vapor Expo For Four Years & The Future Of Face Of Vape Distro
F
or Austin Hopper the arrival of the World Vapor Expo in Miami four years ago happened at the perfect time.
“When I met Mark Sr. and he asked me to MC the first World Vapor Expo, he was so excited about his bold plans for what he knew would be the premier event in vape.” Austin said remembering. “You have to remember how different the landscape was four years ago. Vape trade shows were brand new, and compared to now there were just a handful of Vape companies. Into this Wild West, World Vapor Expo arrived and the idea of a vape trade show went from small halls to this grand environment packed with buyers and people hungry to learn about e-cigs.” The first Miami show took place four years ago at the Miami Beach Convention Center. The 100,000 square foot space dwarfed any convention to date. The Miami weather and South Beach flare ushered in the beginning of the convention era of Vaping and helped to cement Austin’s status as the “Face Of Vape.”
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Customer service, marketing and understanding the needs of customers are not new concepts to Hopper. From his beginnings in the mortgage industry, including riding the wave and then surviving the post-2008 crash by starting his own company “Loans For Love” which incorporated Cause Marketing to “give back” to charities and non-profits, Austin has excelled by building relationships. “I have never looked at my customers in any business as a number,” Austin said recently. “For me the goal is to build a relationship. Understand what my customers really need, so that I can find them not just the perfect product, but also the perfect solution for their needs. If I sell them something that is not the right solution, then I have not done my job.” Austin, who had started smoking at a young age and had tried many times to quit, was introduced to vaping by a mutual friend who had found the “One Thing” that could finally help him reduce his cigarette dependency.
Again the timing was perfect for Austin and vaping, as a prior business associate from his mortgage days called him out of the blue and asked if he wanted to work for a company called “Space Jam.” Hesitant at first, Austin researched the market and saw the vibrant market and the potential to not only make money, but also make a difference in changing people’s lives. Austin was with Space Jam during their phenomenal growth, and it was during their early whirlwind cross-country vape convention tour that Austin’s love of public speaking started building his reputation as the “Face Of Vape” as he was often the one on the microphone urging on the excited crowds. “I was asked to MC the first Vape Blast earlier in 2014, and then again at the first VCC I was talking to the crowd at the Space Jam booth,” continued Austin. “This had allowed me to really interact with both the consumers and the vendors. I made it a rule that no matter what brand I represented at a show, that when I was on stage I was promoting “vape” not my brand.” “The first World Vapor Expo was a really interesting time in my vape career. I had recently left Space Jam after helping launch Cosmic, and was looking for the right challenge. It was actually WVE that we began the rocket launch of Cuttwood. A year later, I helped but Gilla USA on the map with Coil Glaze at WVE and now I am back hosting the show with my own company - Face Of Vape Distro,” continued Hopper. “I had been honored enough to be able to find new opportunities in the industry and We had been able to build so many great brands, but this time I wanted to do it a little different,”. Austin said. “I had met so many great people on this business and had made so many great friends that I wanted to find a way that we could all work together and share in success. So, after months of trying to figure out exactly what o wanted to do I started Face Of Vape Distro.” In addition to carrying many of today’s top brands, FOVD is also partnered on several new brands as well. One of the first such partnerships to be released is Tasty O’s, a partnership between Face Of Vape and Shijin Vapor. “I met with the Tony and Quintin from Shijin about distributing their products, and I was immediately impressed with their production facilities and understanding of the market. As we were discussing how to work together, they asked me about flavors that I enjoyed and I mentioned my love of Banana Nut Cheerios. Fortunately for me, they had created and marketed that flavor before the deadline and I knew that this was line that we had to partners on. And of course, for me there was no better place to launch this line than at World Vapor Expo.” The 2016 World Vapor Expo show a little over a month after the FDA regs were announced and about two months before the dreaded August 8th deadline. It was a great show, but there was also a sense that maybe the party was over. And then when 8/8 actually hit, the entire industry went into morning. Now, with recent news the entire industry seems renewed. “With a new FDA Director and the possibility of a new brighter environment for vape,” I really feel that this show could be a new beginning for vapor. And now, here we are a little more than a year later with a new vapor Expo, the FDA offering the potential for a safer future for vaping and in many ways it feels like we are starting over.”
SHIJIN VAPOR AND AUSTIN HOPPER JOIN FORCES TO BRING CEREAL BACK! When did Shijin Vapor Start and what was the purpose behind starting the line? Shijin Vapor started in 2014 with the mindset of bringing art and culture together while producing quality flavors. Tell us about your journey from smoker to turning your passion for vaping into a career? Before giving my life to the vape industry, I was managing a third party logistic company. I had to quit smoking when my daughter was born with obstructive airway disease. I tried the gums and patches but failed. One day I stumbled upon my very first e-cig online in 2008 and the rest was history. I became so infatuated with this new technology that I started importing them into the US and selling them out of my house. They were these cheap 510 cig-a-likes but at that time it worked for me and so many others that I had introduced them too. This was way before any vape shop was around and believe it or not, even before Blu Cigs came out! As excited as I was to share this new technology with the world, maintaining a 9-5, dropping off e-cigs during my lunch and after work, while at the same time raising my daughter proved to be a tall task. So I put the business aside knowing that I will be back one day. In 2011, I got together with three buddies to form Vaporall. We distributed our own branded ego pens for 1 year before manufacturing 150 different flavored e-liquids. Once the premium brands such as Space Jam and Cuttwood came out in glass bottle we knew we needed to pivot. In 2014, Shijin Vapor came to life. Shijin Vapor stood out first because of our creative pump style bottles when the RDA was the common atomizer used before sub-ohm tanks took off. Now we have moved along with the industry into 60ml chubby bottles but placed heavy emphasis on our artwork on each bottle. What led to Shijin and Face Of Vape Distro to create Tasty O’s? While talking to Austin Hopper, we shared our common interest in cereal vapes. When he mentioned how he would love to try a cereal flavor with banana nuts in it, I immediately felt the same urges. A week later, we gifted Austin Hopper the flavor he wanted and the rest was history. We just knew that it was too good to keep all to ourselves. So we now we are both on a mission to bring cereal back! After the market was flooded with cereal, Tasty O’s marketing campaign talks about “bringing cereal back? Cereal flavors were once the hottest thing on the market. But then, it was fruit loops, fruit loops, and some more fruit loops. That cereal flavor type was redone so many times by so many different companies that the consumer just forgot how damn good, cereal vapes can be. So with Tasty O’s we bring cereal back with a unique twist on the most popular cereal on the planet. With a base taste of honey grain nuts, we were able to come up with three variations that will blow you away. It started with Frosted O’s which is a honey grain oat cereal with sprinkles of sweet powdered sugar. Then we knew we had to slice up some bananas and toss in some nuts to make Banana Nut O’s. This one is truly a perfect balanced vape that you can kill a bottle faster then you know it. Lastly, we decided to bring a vape that everyone can enjoy with Berry O’s. Imagine a bowl of cereal drenched in milk while flooded with ripe strawberries, blueberries, and raspberries. After you “bring cereal back” what is next? With Shijin Vapor and Face of Vape Distro joining forces anything is possible. But, for now, we will enjoy this one because it will be a big one. Tony Doan Founder and President
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By Patrick Riffe
“If you give us $200,000, we will have the complete repeal of the FDA Deeming of vapor products within the first 100 days of the Trump Presidency.”
– Mark Block, Founder and Director of the EVCA .
Brash words were the introduction to many in the vape space to Mark Block and the EVCA. Power brokers, politicians and some familiar faces in the vape advocacy world gathered together to put an end to FDA over regulation of life saving vapor technology. A quick glance of the EVCA, Electronic Vaping Coalition of America’s website will show a lot of information about their efforts. Directly quoting from their website: The Electronic Vaping Coalition of America (EVCA) is a grassroots organization created to educate and mobilize others in the vaping industry with the goal of crafting sensible regulatory practices that will protect consumers and allow the vaping industry to grow through new innovation and technology.
EVCA was formed on May 10, 2016 and is being organized under Internal Revenue Service section 501(c)(6), member organization sharing a common business/consumer interest. We were instrumental in briefing of Wisconsin U. S. Senator Ron Johnson, and his staff, that resulted in his May 17th letter to FDA Commissioner Califf. Seems like a good mission statement for saving the vaping industry. But, there is a bit of controversy, a good measure of confusion and no small amount of egos in the vaping advocacy scene. So, in the spirit of fairness and equal time, since this magazines mission is to give space or opportunity to any organization, The Vaping Advocate arranged to interview Mark Block, Founder and Director of the EVCA. Vaping Advocate | 17
Block doing radio show. We’ll start with Mark’s history in politics, his pre-vaping life. Block was the youngest person ever elected to office in Wisconsin when at 18 years old he won a seat in the Winnebago County Board of Supervisors in 1974. Later in the 70s he worked for William A. Steiger, a Republican Congressman until his passing in 1978. Mark moved to corporate America in 1990, but remained active in politics founding several organizations, including the MacIver Institute for Public Policy in 2009, a Wisconsin based conservative Think Tank. The MacIver Institute promotes free markets, individual freedom, personal responsibility, and limited government, all things that vapers should embrace. Mark ran or consulted in numerous political campaigns in the state of Wisconsin including the biggest swing from Blue to Red in the state’s history culminating with the election of Gov. Scott Walker in 2010.
In March of 2010, Mark Block and campaign aide Linda Hansen met with Herman Cain, Author, Businessman, radio host, syndicated columnist and Tea Party activist. At the meeting Block and Hansen pitched a 2012 Presidential run in 2012. “He thought we were crazy, but we laid out a plan to him and by the end of that dinner he was onboard,” said Block. The campaign was up and down, Cain did become the front runner in some strawman polls but ultimately, he did not win the nomination. It was during the campaign that Mark gained notoriety when he filmed a campaign ad lovingly referred to as the “smoking ad”. The ad discusses the virtues of a Cain Presidency extolling putting “United” back in the United States of America, getting involved because “together we can do this, we can take this country back.” The ad closes with video of Block smoking a cigarette accompanied with a musical refrain of “I am America, one voice united we stand.”
Block cites the efforts of groups like Americans for Prosperity for the swing. Any mention of AFP will come with criticism by some Mark, a 2 to 3 pack a day smoker, bumped into a friend at an that it is a political wing for conservative groups and funded by billionaires. For the purposes of this article and the interview with Mr. airport who owned an e-cigarette company in Texas. He handed him a starter kit, “Mark you gotta quit those things.” Block we will acknowledge that controversy exists.
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“We started working to educate the vapers in Wisconsin and educating Johnson about the vaping industry in his state and how many voters there were. No one was projecting that he would win. Every poll had him down by double digits. We knew that the vapers could swing the election if we could get them to the polls,” said Block. “We travelled the entire state of Wisconsin stopping at every vape shop we could find (we hit about 95% of them) and asked how many customers they had. There were over 200,000 people when we got done counting. “They caught me smoking and one of the directors grabbed the cameraman and shot it when I wasn’t looking,” said Block. Before election day we worked “That ad got a lot of attention, it made the rounds with all the late-night shows.” with Johnson Creek and Senator Johnson on a Vaper Voter Rally, the Right to Vape Tour even made a stop.” “It took some time, but I worked my way down to a pack a week and then down to a few a week,” said Mark. Ultimately a couple hundred thousand vapers showed up and reelected Johnson, thus proving what advocates have been saying “When I went to buy refills, I couldn’t find my friend’s website so I for years, that vapers can be a power to swing elections and take called him,” said Mark. He found out that the company was closed. their destiny into their own hands. “I asked if I could buy the company. He gave me a price and I got some investors. We moved the company to Wisconsin, then the On election night Linda Hansen recorded Senator Ron Johnson FDA Deeming Final Rule came out and that was when we really got thanking the vapers of Wisconsin. It’s been shared everywhere. busy putting EVCA together.” Mark along with close friend and aide Linda Hansen put together EVCA, building a team with the helpof Christian Berkey, Larry Flick and Scott Sidney ultimately growing to a board of Bill Godshall, Larry Flick, Christian Berkey, Michael McCrary, Scott Sidney, Lonnie Bozeman, Shaun Casey and Fred Kelly Grant. Some of those names you will know from advocacy efforts, fighting Big Tobacco and e-liquid manufacturing. “We immediately reached out to Ron Johnson and Paul Ryan. It was a busy time and Ryan was Speaker of the House in the middle of Congressional campaigns and managing the GOP, he told us to contact his aides. Our connections with Johnson took much less time, as soon as his office looked over what we sent him about the Deeming and what it would do to the industry he sent his first letter to the FDA,” continued Block. “He (Johnson) could see that if enacted as written the FDA Deeming would decimate an entire industry.”
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Now that you have a little background on Mark Block and EVCA
you will have a decent foundation for the interview we conducted with them and where the group is headed.
regarding the coordination efforts of EVCA, their effectiveness and the attorney consulting on those efforts.
We conducted the interview over a conference call, Mark Block, Linda Hansen, Gabe Benson and myself. The beginning parts of this article were cobbled together from introductions and “getting to know you” conversation.
Some small detail regarding“Coordination”. In a nutshell, coordination is Federal Law that requires that any regulation authored by Federal level agencies be sent down to lower level government agencies to discuss issues in the implementation of those regulations. Discussion and debate should occur to allow for the maximum benefit of regulation without undo damage or trouble to the local government and community. That includes economic impact and damage.
“So, Mark you got a bit of attention a while back about comments you made about repealing the Deeming very quickly if you hit a $200,000 fund raising goal.” “Yeah, I regret saying that now. I didn’t realize the level of resistance we would get on that. There was a big deal made by one of the other groups and I think their statement really slowed our progress on making that happen.” answered Mark. “You think that statement hurt your efforts?” “That statement and other things that were done definitely delayed the repeal of the Deeming,” replied Block. “We reached out to them to have a conference call so we could fill them in and discuss their concerns. They refused to get on a call with us.” There was a statement released by another vaping advocacy group that stated they had attempted to contact EVCA regarding questions from their members. It also pointed at some controversy
“So EVCA has focused their efforts on the Village of Hartland Coordination efforts and possible lawsuit.” “Hartland is just the beginning. We are working with several other cities on the West coast and on the East coast to duplicate those efforts. But, we also have been working aggressively with Duncan Hunter on his legislation.” Answered Block. “On the subject of coordination we have to discuss the criticism and controversy of Fred Grant Kelly and the suspension of his license to practice law in Maryland. There have been some that have tried to use that issue against EVCA. I am confident that you were aware of that situation before it was widely shared. Why didn’t EVCA address it proactively? There are a lot of social media activists and Facebook attorneys in the vaping “community” who believe that
Fred Kelly Trang talking with Milwaukee vape shop owner Cory Winston. Vaping Advocate | 21
on board with Cole/Bishop either and an amendment or the standalone version of HR1136. Why haven’t you been more supportive of this language?” “It’s not that we don’t support Cole/Bishop. It’s simply that Cole/ Bishop is a band-aid to staunch the bleeding. Our coordination efforts paired with the Hunter bill fixes everything. Not a little fix that will require us to continue to battle when we can win the war in one fell swoop,” replied Block. “Some of my friends in the vaping industry in California are a little upset that Duncan Hunter has not at least signed on to HR1136 as a co-sponsor.”
they know what this means and jump at the chance to attack.” “Look, that was and is an active case. We could not and should not have addressed that. That issue was before Fred was attached to EVCA and details still have not been released. As part of the settlement when Fred “voluntarily” suspended his license, details were withheld. When everything does come out it will be more clear.” Said Block “Ok on to Fred Grant Kelly. Some have been critical of his age. Saying that he is a forgetful old man. “Infirm and possibly incapable ” have been thrown around. “I laugh when I hear that. But it is hurtful. Fred is sharp and a warrior for freedom. He still is one of the most capable attorneys I know. He was the hearing officer on the Hartland Coordination hearings. If you watch the video you will see he is not doddering. We have a robust legal team. Several members of the EVCA board are attorneys and we’ve added a couple more well-known attorneys in the vaping industry to our team.” Responded Block. “Since you mentioned Duncan Hunter, and his bill. What do you think about the criticism that the bill actually hurts smaller companies and will reduce the variety of hardware on the market?” “I’ve heard some of that. The standards language that is in the bill was written with the cooperation of industry groups. I know that the bill is still in the early stages and will change over time. I’m sure that language could be amended if the groups that were criticizing came to the table and negotiated.” Block replied. “There are some that are scratching their heads that Congressman Hunter and even you and the EVCA haven’t jumped 22 | Vaping Advocate
“Well, that is a little bit of a political issue. If Hunter introduces a bill to “save vaping” and there is another bill to “save vaping” and he signs on to it. There could be a perception that he isn’t as supportive of his own bill and it might not be a priority. His bill could lose its support, so he has to focus on his own legislation.” Said Block. “There is no reason that we as vapers and voters can’t support both though and that is the message all of us should be pushing. A grassroots movement to push all of these efforts could be successful.” “There is definitely room for everyone to work together. We are open to just that. But we will continue ahead with our version of “Repeal/Replace” of the FDA Deeming with our coordination plan and the Hunter Bill. It essentially pulls back the FDA over reach and replaces it with standards that will allow the industry to survive. We aren’t looking at a month from now, a year from now 2022. We are looking at 100 years from now and vaping needs to be around to save those billion lives.” “My message has always been one of unity, standing up to big government and freedom. We do that with EVCA and with Stand & Fight Club. Sometimes I think people forget who the real enemy is, it’s not the other groups fighting to save 480,000 lives a year. But for some reason we do more damage to ourselves than to our enemies.” “There are a lot of exciting things on the horizon for EVCA. The other cities signing on with us and the coordination efforts, the Hunter bill, lots of other programs, keep an eye out. Something big will be announced in the coming month. “
Vaping Advocate | 23
By Fig Ramsey
I
n the short time it’s been around, the vape industry has probably had more highs and lows than any other I’ve witnessed in my life. With thinly-veiled attempts at squelching the industry “to protect the children” by categorizing vape as a tobacco product and raising the age to vape to 21+ in many states; what is to many a life-saving alternative has been demonized in government and the media.
particularly in California - was that “that’d never happen here”! Our state/city is vape friendly!
With all of the misinformation that’s floating around, the reality is that it’s tough for many people to know what to believe. People want to make healthier choices, but when the government agencies that are supposed to protect them are the ones who are limiting their access to new technologies, it’s a confusing – and dangerous – message.
Here’s the thing…this isn’t something that’s going away. Not ever. There are massive profits on the line. $300 billion in annual health & lost productivity costs in the United States alone. And this is only the tip of the iceberg.
A perfect example of this happened in California – arguably the most health-conscious state in the nation. In 2016, Senator Mark Leno introduced SB5 to redefine vapor products as smoking. It was pushed through in late-night Extraordinary Special Sessions, and the Governor signed it into law on May 4, 2016. He also signed Tobacco 21 into law, with the only saving grace being that active duty military is exempt. At the time, the general mindset around the country - and 24 | Vaping Advocate
As of this writing, however, we now have Tobacco 21 in over 250 cities & municipalities in 18 states. And it’s picking up steam in most every region in the country, and around the globe.
We also need to understand that there are dozens of states that are faced with the task of re-securitizing the assetbacked-tobacco-bonds that were made possible by the Master Settlement Agreement. Case in point, while California was waging its War On Vape, it was also busy selling $2B in Asset Backed Tobacco Bonds (March 2015), which are repaid by tobacco tax revenues. There’s two billion reasons to kill vape, in California alone. Those that have been reaping those profits from people
smoking are not going to just quit fighting to end vaping. So, here we are in 2017, just days after Dr. Gottlieb announced that the FDA would be extending the PMTA submission deadline, by FOUR YEARS! WooHoo! Four more years! To do what? To continue doing business as usual, which – technically – is selling off existing products that were not on the market before February 2007. That is, unless the products are intending to go through with PMTA. After all, what the FDA Deeming Regs set is a timeline for a forced sell-off. Until last week that deadline was November 8, 2018 - just a little over one year to pack it in and close shop. In the current climate, the reward – if you will – seems to be just an opportunity to deal with legislative headaches, the joy of competing with online vendors, and relentless attacks in the media and from groups professing to be protecting children. That said, if you look around in any of the advocacy forums, you will see Leaders. They’re the ones that have been “fighting the good fight”. And they’re going to continue to fight, if only because their passion to save #ABillionLives is that great! But they can’t do it alone. And they can’t continue the fight without support. They not only need for more people to show up, but they also need funding. The fight is only going to become more challenging, across the country, on both a state and local level. This is especially the case, now that Dr. Gottlieb released the extension of the PMTA deadline. So, where does this leave us? The harsh reality is that we have lost a tremendous number of vape shops over the past year. Be it natural attrition, simple exits due to burdensome taxation, or the fear of signing a new lease…the reality is that we have fewer shops. This leaves not only fewer options for smokers to make the switch, but it also means fewer people are going to be in situations where they learn about our plight. I mean, let’s face it, if a guy is buying his vape from a discount e-liquid site, he’s probably not getting a whole lot of encouragement to write his representative. Here is the true beauty of the FDA Extension…shops can now feel more secure to continue doing business. Many will now feel free to open additional locations.
dollars from our opponents that put us here to begin with. So how do we combat this huge money machine run by Big Pharma? Yes, it’s a daunting endeavor, but together, we can make a huge difference. We must redirect the conversation. We must redirect towards the positive. Here are some steps that we can work towards, in my opinion: 1. Encourage shops to only carry responsibly branded and marketed products. 2. Encourage shops to have pricing that is not only affordable, but also relative to the costs of smoking, or lower. 3. Encourage distributors and vendors to respect Vape Shops by not undercutting & gouging. Vape shops are our first line of defense & promotion. Don’t undersell your products to compete with your front line. 4. Encourage stakeholders to become actively involved with local advocacy efforts by working with local legislators & to contribute financially to the efforts. 5. Encourage Vape Consumers to participate & take responsibility for their role as citizen advocates. 6. Encourage ALL Vapers to embrace, celebrate, and promote the companies, groups, and individuals that are putting in the countless hours (and resources) to protect the future of vapor products. 7. Encourage ALL Vapers to be engaged with caring for the future. We need to be an active part of the process, in a positive manner. It’s the only way that we’re going to achieve our goals. 8. Above all else – we need to understand and appreciate that our true competition isn’t each other; it’s smoking, and those that prefer that folks to continue smoking. The war is not going to be won without action. We have to unite. We have to participate. It’s ours to win. It’s ours to lose. And one of the ways that our company is moving forward is to work even closer with our accounts to not only help them get more involved with their state groups, we are going to help fund their state’s efforts through our Advocacy Affiliate program. As a part of this program, legitimate state & local groups can sign up for a referral code. When their members use their code, 10% of their purchase goes right back to their group! We call it #VapeTithing, and we’re happy to help you set up your own program. Please join me in making sure adults continue to have safer alternatives available to them.
So what do we do with the next four years? What is important? The Number One thing we need to focus on is funding our State Groups & their respective lobbyists. Like it or not, that’s how things get done. And they aren’t cheap. We need to wake up to this fact, because it’s lobbyist Vaping Advocate | 25
By Joe Barnett
P
ublic heath believes in monsters under the bed. They continue to push their agenda with a lack of evidence. They prey on the fear of what might be and the fear of who it might affect. They have said it long enough that it seems to be fact. In truth these fears fall apart when simple science is applied much like the nightlight in a child’s room.
to death and showing up to tell your story is no match for the well-oiled, well-funded, and well connected overly trusted banner of Public Health. Their ten thousand to one dollars, which can be used as campaign donations, for PR firms, television, radio, and the power to hold officials in public disdain, make our cause seem as futile as an old soldier on a donkey with a lance.
As if the entirety of the FDA regulation was not enough to send the freedom of consumer choice to switch to a less harmful solution to an early grave, now nearly every state feels that “in the absence of regulation” they must “do their part” and pass regulations on their own. This has potentially created thousands of ordinances, laws and rules being created under the influence of half-truths and bold lies to ensure that our beloved friend, the ecig, will be relegated, reviled and rejected as tobacco’s next scheme.
Our opponents know our playbook completely. We desperately need a new dawn for advocacy for this product. That new dawn includes new tools and dedicated professionals. It includes not just using the strategies of our opponents but developing new strategies, adopting the ideology that if this even gets to a vote, we have lost our best chance. We not only have to win in the City Council, the Statehouse, on Capitol Hill and in the courtroom, but we must find some way to tip the scales in the court of public opinion. This might just be our toughest battle yet.
In the advocacy front we have quite the task laid out for us. People with the qualifications of being in the fight the longest are becoming the “experts”. The tried and true model of emailing them
Today there is more potential for a happy ending to the current issues, but what about beyond that? The FDA did not walk away Vaping Advocate | 27
after the last round. What makes you think they will this time? If we do not shift the hearts and minds of the public, each victory is nothing more than a stay of execution. Reaching the general public with fact based data needs to be a priority. At this point, you might be wondering as to how we could even come near these lofty goals. In truth, I don’t have a master plan but I can tell you this: To survive we must bring the level of activity up. We must work cooperatively and complementarily. If you are a vendor, ensure that you are doing business with people that are involved with the process. Each shop you put your e-liquid in shoulZd be in direct support of some advocacy effort. If they are not fighting along with you, they are not supporting your efforts to stay in business. Yes, it is just that simple. You need to understand that you are judged not by your deeds alone, but by the worst deeds of your competitor. It is time to own this, and collectively set a new bar for standards. To the advocacy groups that are out there, the days of principle are done. You are measured by your deeds and at that, only your successful ones. If your cause is communicating well, you should have little or no problem finding both the finance and manpower to accomplish your goals. Millions in the US, and billions worldwide are counting on you, not just for their livelihood but for many, this is a life or death fight.
28 | Vaping Advocate
For the consumers and the believers of this product, what does the future hold for you? You are the image of what vaping is, and how the public sees you is one of the key ingredients to public perception. Certain agencies out there have created the image of a smoker as a vile human that is so centered on their habit of nicotine, they have no regard for the danger to themselves or others, and they will most certainly be a burden on society in terms of the extended cost of healthcare and dangers to others, especially the children. This is wrong. It is time for a stand. Is this a manifesto or an obituary for vaping? I truthfully cannot say. My hope is that you see in this a bright future after a long darkness. It is you in action that will render that decision. No one solo act will be the savior, but you can be sure of this...A lack of action will bring this to an end. Together we are stronger. We are beginning to see many nicotine researchers, and public health advocates in countries outside of the US bringing forth new data points that support the basic argument that this is safer. The time has come to demand this crucial evidence be reconciled with the irresponsible practice of legislating laws to protect from the monster under the bed.
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